A tenancy does not automatically end when a property is declared unliveable. A tenancy agreement for an unliveable property can be ended if:

• the property manager/owner and tenant/resident agree in writing
• the tenant/resident gives a Notice of intention to leave, or the property manager/owner gives a Notice to leave, on the grounds that the property is unliveable (within 1 month of the event that made the property unliveable)
• the Queensland Civil and Administrative Tribunal (QCAT) makes an order.

When a tenancy is ended due to unliveability, the agreement ends on the date the notice is given. The person giving the notice may choose a longer notice period.

If the tenant refuses to leave, the property manager/owner can apply to QCAT for a termination order.

Visit ending a tenancy for more information.

The tenant/resident may want to stay in the property even if it's unliveable. This can be negotiated with the property manager/owner. Health and safety laws should be considered when making this decision.

If the tenant/resident has been given a Notice to leave and they believe the property is liveable, they may lodge an online request for free RTA dispute resolution or submit a Dispute resolution request (Form 16).

Paying rent

Until a notice is given (e.g. a Notice to leave), the tenant is responsible for paying the rent in full (even if they have been evacuated from the property).

Rent decreases

The rent may be decreased if the property is damaged or if some of the facilities are unavailable. Parties should negotiate any rent decrease and put the agreement in writing. Visit rent decreases for more information.

The tenant/resident may want to leave the property and return after the damage has been repaired. Any agreement to waive or decrease the rent during that period should be put in writing.

The property manager/owner and tenant/resident may also agree to terminate the agreement and sign a new agreement after repairs are completed. The terms of the new agreement need to be negotiated and may differ from the old agreement, including the rent amount. Limits apply to the frequency of rent increases.

Natural disasters 

After a natural disaster, property managers/owners and tenants should discuss the state of the property as soon as possible and work out what to do next. Visit our natural disasters page for more information.

Parties may not agree about the liveability of the property. If you talk to each other and are unable to agree, you can apply for free RTA dispute resolution.